Gore v. Whiteville Lumber Co.
Supreme Court of South Carolina
Before Spain, J., Horry, Spring term, 1917. Action for trespass on realty by C. C. Gor.e and another against the Whiteville Lumber Company.
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Before Spain, J., Horry, Spring term, 1917. Action for trespass on realty by C. C. Gor.e and another against the Whiteville Lumber Company. Judgment of nonsuit, and plaintiffs appeal. s cite: As to title as a basis of trespass quare clausinn fregit: 104 S. C. 391. As to possession as a basis of trespass: 86 S. C. 358; 68 S.' E. 637; 61 S. C. 292; 104 S. C. 460. As to possession by agent: 59 S. C. 115; 37 S. E. 240. Wife’s right of possession: 13 R. C. L. 1179; H. & W. 206-209; 21 Cyc. 1235; H. & W. I. N., Ann Cas. 1913c, 875; 9 L: R. A. (N. S.) 485; 34 S. C. L. (3 Strobh.) 319 (144); 13 R. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action for damages for trespass on real estate. Plaintiffs alleged ownership and possession of a tract of 100 acres, described in the aomplaint, and trespasses thereon by defendant, in April, 1914, and at divers times thereafter, by building and operating tramroads thereon and cutting and removing timber therefrom. Defendant denied the allegations of the complaint, and alleged that, prior to June 18, 1914, it constructed some railroads over said tract and cut some timber thereon in the belief that it had the right to do…
2Cases cited4 opinions
- Beaufort Land & Investment Co. v. New River Lumber Co.Supreme Court of South Carolina · 1910
- Cathcart v. MatthewsSupreme Court of South Carolina · 1916
- Meyer v. FrenkilCourt of Appeals of Maryland · 1911
- Dickson v. EppesSupreme Court of South Carolina · 1916
3Cited by1 opinion
- Battle v. DevaneSupreme Court of South Carolina · 1927